(A) Any violation of any of the provisions of this chapter by sidewalk vendors, stationary sidewalk vendors, or roaming sidewalk vendors shall be punishable by an administrative fine according to the following provisions:
(1) An administrative fine of $100 for a first violation.
(2) An administrative fine of $200 for a second violation within one year of the first violation.
(3) An administrative fine of $500 for each additional violation within one year of the first violation.
(4) The city may rescind a permit issued for sidewalk vending for the term of that permit upon the fourth violation or any subsequent violation.
(B) Engaging in sidewalk vending without a permit is punishable by an administrative fine according to the following provisions:
(1) An administrative fine of $250 for a first violation.
(2) An administrative fine of $500 for a second violation within one year of the first violation.
(3) An administrative fine of $1,000 for each additional violation within one year of the first violation.
(4) Upon proof of a valid permit issued by the city, the administrative fines set forth in this division shall be reduced to the administrative fines set forth in division (A), respectively.
(C) Failure to pay an administrative fine pursuant to divisions (A) and (B) shall not be punishable as an infraction or misdemeanor.
(D) Additional fines, fees, assessments, or any other financial conditions beyond those authorized in divisions (A) and (B) shall not be assessed.
(E) (1) When assessing an administrative fine pursuant to divisions (A) and (B), the city shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (B) of Section 68632 of the Government Code, the city shall accept, in full satisfaction, 20% of the administrative fine, or may offer the following alternatives:
(a) Community service in lieu of paying the total administrative fine.
(b) Waiver of the administrative fine.
(c) An alternative disposition.
(Ord. 881-C.S., passed 12-4-18)